Terms and Conditions

Premises:

Plannest is an application designed for entrepreneurs and fitness and sports professionals, aimed at improving, speeding up, and simplifying their work activities.

This document is solely intended for the professional user (whether an individual or a legal entity, as long as it corresponds to a business or a professional) who subscribes to this agreement in the course of their entrepreneurial/professional activity (hereafter also referred to as "PRO USER" or simply "USER").

The provisions of this agreement do not apply to the regulations of the so-called Consumer Code set forth in Legislative Decree 6 September 2005, no. 206.

The website "https://app.plannest.it" (hereinafter also referred to as the "Site") is only usable by the User.

For the correct interpretation of the text preceding and following, the terms written with an uppercase initial letter - when they are not the initial terms of a sentence - and/or any abbreviations or acronyms - will have the meaning attributed to them in this document (see the Definitions that follow) and not necessarily that ordinarily connected to the same.

Access to the Services may only occur upon the express acceptance of these T&C and privacy conditions, as specified below.

The User is required to read in full and with utmost attention the Privacy Policy privacy and all privacy conditions related to the use of their Data, Content, and in general, of any information transmitted or published and/or shared on (or via) the digital Platform, as well as the present T&C, before consenting to the processing of Data and proceeding with Registration.

Annex "A" describes, in practice, the services offered by Plannest and the operational and technical functioning modalities of Plannest, so that the Platform can be used correctly and the User can regularly enjoy its services; this document is nonetheless an integral and substantial part of the present T&C and must therefore be viewed attentively before accepting - through signature in the so-called point and click modality the aforementioned T&C.

1. Company Information

The Services mentioned in these pages are offered by:
the company PLANNEST INNOVATIVE START-UP S.R.L. (C.F. and P.I. 07162630482) having its registered office in Italy, at via Lorenzo il Magnifico nr. 26 in Florence 50129 (hereafter, also just the "Company" or simply "PLANNEST").

PLANNEST S.r.l. is a company that conducts the production and marketing of innovative products or services with high technological value, in particular focusing on the development and trade of software and hardware systems for the fitness sector.

Plannest is also the commercial name (registered as a trademark in various countries worldwide) of the software.

2. Definitions

Account: a set of functionalities attributed to the individual User. Each User corresponds to an Account linked to their own dashboard (better described in Annex "A"). Each Account is strictly personal and can only be accessed from the Site.

Application (or App): this refers to the software program called "PLANNEST" that allows the use of the Services.

Cancellation: the procedure through which the logical deletion of an Account is performed. The so-called "physical" cancellation of an Account and the information connected to it can be requested according to the mandatory modalities set forth in Article 7.

Client/s: these refer to the clients of the Users; more precisely to subjects, individuals, who have downloaded the app called mobile "PLANNEST" and have registered as consumer users as they do not intend to use the Services for professional, entrepreneurial, or commercial purposes in general. Each Client relates to a single User (therefore a Client can be linked to only one User but not vice versa, as each User can be connected to indefinite Clients).

Sharing: each User can share Content only with Clients so that they can enjoy it. The latter will not have to pay any amount to access said contents nor will they be required to register as Users. Each User is solely responsible for any content (audio, video, text, etc.) that they create and/or store on the Platform and/or that they share via their Account.

Contract: this agreement.

Contents: texts (in the form of presentations, documents, and the like), trademarks or distinguishing signs, graphics, sounds, images that Users upload and/or share via their Account.

Consideration: the amount that the User is necessarily required to pay to the Company to use Plannest and thus enjoy the Service(s) and what is better specified in Annex "A".

Data: this refers to the set of personal and identifiable information of Users (in particular: name, surname, phone number, email address, and date of birth), necessary to allow the provision of the Service, acquired by the Company following the express consent in this sense from each User at the time of initial registration. Consent is considered expressed in favor by ticking the box - so-called point and click - regarding the privacy conditions that appear upon first access to the digital Platform.

Intellectual property rights: this refers to all intellectual and/or industrial property rights relating, by way of example, to: texts, images, photographs, graphics, distinguishing signs, and source code (or parts thereof), of which the digital Platform is composed or otherwise directly connected to it and owned by the Company.

Termination: this is a function of the App intended to formalize the unilateral communication of the Client of their wish to dissolve a specific agreement pending with a User (e.g., the cancellation of a training appointment consists of the communication from a Client wishing to definitively cancel a previously made and already confirmed appointment with a User).

Data Subject: pursuant to Article 4, paragraph 1, letter i of the GDPR, it is the subject (natural person) to whom the personal data refers.

Password: A sequence of alphanumeric characters used to exclusively access the Service that will remain forever unknown to the Company.

Platform: this refers to the platform accessible at "https://app.plannest.it".

Policy: this refers to the document containing the terms and conditions that each User is required - on their own and under their own responsibility - to create and upload on the Platform to regulate their professional relationship with all their Clients. This document indeed represents the contract between User and Client. This document must necessarily contain, as an essential element, at least the terms and conditions for exercising Termination by the Client. The Policy is strictly personal to each User.

Site: the internet site (related graphical interface, layout, etc.) of the web page "https://app.plannest.it".

Registration: the process through which a subject (professional or entrepreneur active in the fitness and/or sports sector) accesses the Platform for the first time and creates their Account by providing the necessary Data to use the Service, thus becoming a User. This process occurs once per User.

Services: the functionalities offered through the website following the timely payment of Considerations.

User: each subject who has completed Registration (thus following acceptance of T&C and privacy).

Consumer User: coincides with the Client.

Unregistered User: subjects who have not registered as Users or Clients and thus do not have the opportunity to enjoy the Services.

3. Intentions and purposes of the digital Platform

The Platform is intended solely for the User who is entitled to use it as the licensee of the software that expresses the same Platform.

4. Acceptance of the terms and conditions of use of the Service

To use the Services offered by the Platform, the terms and conditions of use set forth in this Contract must first be accepted. The User is also required to read in full and with utmost attention the privacy policy published on the Site to obtain important information on the use of their Data.
Acceptance of the Contract occurs according to the methods - so-called point and click (i.e., the specific marking, so-called flag - of acceptance of the Terms and conditions at the time of Registration.

The Services are subject to payment, according to the indications and so-called "subscription plans" better specified in Annex "A".

All User payments to the Company, which will occur on the Platform, will be managed through the use of the platform named Stripe; consequently, Users are required, following completion of Registration and acceptance of the Contract, to review the General Terms, the Services Terms (accessible at: https://stripe.com/it-us/legal/end-users) and the privacy policy of Stripe (accessible at: https://stripe.com/it/privacy) to which reference is explicitly made here.

Should the User - having been informed of the above, not wish to accept said terms, they are required not to proceed with Registration.

5. Provision of Services and duration

The Service, on the entrepreneur and/or professional side (thus on the B2B side), is accessible only to Users.

The User is aware and accepts that the Services offered may be subject to modifications and changes that will be notified to the User with a specific notification email.
The User declares to be aware and accepts that the Company may, at its discretion, at any time and without any obligation to communicate to Users who have violated the T&C or the privacy regulations or any applicable Law, proceed:

1. to remove Contents;

2. temporarily and/or permanently disable access to the Services, or some of the usage options offered, by one or more Users;

3. to delete a User's Account.

The Contract has a duration equal to the duration of the subscription plan (as per Annex "A") purchased by the User, unless there are any renewals and/or unless other early termination causes arise (e.g. violation of the provisions of the Contract).

6. Registration and privacy

The terms and conditions for using the Service and the Privacy Policy have been drafted to provide concise, clear, comprehensible, and transparent indications on the use of Users' Data.
We invite the User to read in full and with utmost attention the Privacy Policy published on the Site and to use it to make informed decisions.

The User, by completing Registration (thus accepting the Contract and privacy conditions) undertakes not to upload or share on (and/or via) the Platform personal data of subjects other than themselves, without having previously obtained consent and/or any other legal authorization necessary in this regard from each Data Subject. In this regard, the User is aware and accepts that they are the only and exclusive holder of the personal data that they upload and share on (or via) the Platform, thus indemnifying the Company from any responsibility arising from the collection of such data, from their timeliness and truthfulness.

In this regard, we draw attention to the fact that the Company does not carry out any verification activity on the Data and the information provided and the actual truthfulness of what declared by the User during Registration and in the use of the Services.

The User therefore declares, consistently and always, under their own responsibility that all Data released (during Registration, access or following subsequent modifications, implementations or updates thereof) of the Account are truthful and correct and that they have been personally collected in compliance with current legislation on privacy (Legislative Decree no. 196/2003 and EU Reg. no. 679/2016).

Upon Registration and to ensure the security of their Account and respect for the Contract, the User undertakes to:

1. Not provide false personal Data.

2. Not create an Account on behalf of another person without valid written and signed authorization from that person (whether an individual or a legal entity).

3. Not create more than one personal Account, nor share its use with anyone or authorize anyone to use it.

4. Not create another Account without the Company’s consent if their original Account is disabled and/or deleted by the Company.

5. Be at least 18 years old.

6. Ensure that their contact Data is always correct and up to date.

7. Not share their Password nor allow others to access their Account or perform any other action that could jeopardize its security.

8. Not transfer their Account to third parties without prior written consent from the Company.

9. Not use a username that is offensive and/or that recalls phrases or words considered insulting or inappropriate.

10. Not use the upload function in the "TRAINING" section (see Annex "A") to send their clients instructions and/or medical prescriptions.

11. Always act in accordance with good conduct and in compliance with the laws and regulations in force in Italy and the territory of the European Union, as well as with the rules of the Contract.

12. Create, upload, and publish immediately after Registration and then keep the Policy constantly updated.

The User's violation of one or more of the points specified above, as well as any other obligation arising from the Contract, may result in the cancellation of their Account by the Company. The User declares to be aware and accepts that should any of the aforementioned cases occur, the Company may delete their Account at any time, at its sole discretion and without any obligation to communicate to the User whose Account has been deleted. Consequently, the User will lose access to all digital content purchased with that Account up to that point.

7. Cancellation of the Account by the User.

The User may at any time decide to Cancel their Account.
To proceed with the Cancellation, simply send an email to supporto@plannest.it.

Cancelling the Account involves the logical loss of Data and thus will result in the impossibility of using any Service - even if already purchased and paid for - even if not used. To this end, it will be necessary to proceed with a new registration, the creation of a new Account, and thus the repurchase of the concerned Service. The User's Account will therefore be permanently deleted and will no longer be available or reversible.

Physical deletion is instead only possible upon written request, directed to supporto@plannest.it. The Company, following such request, will undertake free of charge to perform the physical deletion within 90 days of receiving the same request. Should the User require urgent physical deletion, they are instead required to specify this in the request email, and this procedure will only be executable upon payment of a reasonable fee to the Company for its execution. This amount will be appropriately communicated by the Company to the User in response to the aforementioned request, and only upon their approval, will the Company proceed with the urgent physical deletion.

7-bis, Use of data with Google Calendar.

Our app requires access to the following data via the Google Calendar API:

Viewing and managing the user’s calendar events, including the ability to create, modify, and delete events.

The collected data is used exclusively to allow synchronization and management of the user’s events through Google Calendar.

Data Sharing:

We do not share the data collected via Google Calendar with third parties unless required for technical reasons for the proper functioning of the app, in compliance with data protection regulations.

Data Protection:

All data related to calendar events is protected by adequate technical and organizational security measures. We use the OAuth 2.0 protocol to ensure secure access to personal data without storing the user's credentials.

Revocation of authorization:

The user can revoke at any time the access granted to the app through their Google account settings.

8. Security.

The responsibility of preserving the confidentiality of the Password is entirely that of the User, who undertakes to keep it in a safe and secret place, and not to disclose it to third parties.

The Registered User must immediately inform the Company at supporto@plannest.it, if they detect (or even suspect) that there has been unauthorized access to their Account or unauthorized use of their Profile.
The User wishing to subscribe to the Service acknowledges that the digital Platform reserves the right to activate authentication and/or verification procedures for the Data provided by each User, in compliance with applicable regulations, including those regarding Privacy and in accordance with the Contract, giving their consent to any new authentication and verification procedures that may be introduced, it being understood that the implementation of such procedures is at the discretion of the Company.

All communication procedures between client and server Plannest occur using Secure Sockets Layer (SSL) to establish an encrypted connection.

9. Legality and code of conduct

The Company makes every effort to ensure that the Platform is secure, without being able to guarantee it with absolute certainty.
Each User, by giving their consent and accepting the Contract, also to help protect security on the Site, undertakes unconditionally and under their own exclusive responsibility to:

1. Not endanger, in any way, the security of the Site, the Service, and its Users.

2. Not engage in illegal marketing actions, even using the Account and/or Profile of other Users.

3. Not upload viruses or other harmful codes, not otherwise access the Site and/or the Service, or use automated tools without the Company’s authorization, not undertake actions that may hinder, overload or compromise the proper functioning of the Service and the Site.

4. Not publish Content that has pornographic nature or meaning, incitement to hatred and violence, harassment and/or advocating discrimination of any kind (racial, religious, sexual, etc.) or containing gratuitous violence.

5. Not use the Service to publish Content and/or undertake actions and behaviors contrary to the law and/or injurious to the rights, ideas, orientations of other users, such as by way of non-exhaustive example:

   • disseminate news and information harmful to the Privacy of other people, such as by way of non-exhaustive example: names and surnames of individuals, phone numbers, private addresses, emails, etc.;

   • disseminate news and confidential information relating to Companies and other legal entities, such as by way of non-exhaustive example, confidential and proprietary information, information covered by trade secrets, information that cannot be made public at the express request of the legitimate owner, etc.;

   • promote illegal activities or insulting, threatening, obscene, defamatory, or slanderous behaviors;

   • advertise copies of works in violation of laws protecting intellectual property rights;

   • entail sending unsolicited mail, chain emails, or unsolicited messages to groups of recipients, instant messages, spim, or spam;

   • contain pages with restricted access or accessible only with passwords, or hidden pages or images (i.e., not linked from or to other accessible pages);

   • publish BitTorrent links, shortened URLs that do not pertain to the plannest.it platform or Referral Links that are not previously and possibly authorized in writing by PLANNEST;

   • promote or support criminal activities or provide information on illegal activities;

   • request from other users Password or personally identifiable data for commercial or illegal purposes, promoting the propaganda of organizations declared illegitimate by the Constitution or by applicable laws;

   • in general, use the Site and the Service for illegal, misleading, or discriminatory purposes.

6. Not promote or encourage any violation of the Contract and all principles stated therein.

7. Not publish defamatory and/or untrue Content relating to the Company, other Users, other companies.

8. Not use our copyrights, registered trademarks, logos, or similar symbols that may lead users to confusion, without prior written authorization granted by the Company.

9. Not use copyrights, registered trademarks, logos, or similar symbols of Companies, organizations, or belonging to third parties, in such a way that confusion may arise regarding the legitimate owner or user, without having express authorization from the legitimate owner.

10. Not violate in any way the industrial and/or intellectual property rights of third parties.

11. Not use the Contents for commercial purposes that have not been previously authorized in writing by the Company.

12. Not undertake actions that may hinder, overload, compromise, the proper functioning of the Service and the Site.

13. Not use the Service in a manner that leads to a non-coherent use with the purposes that inspire its logic and that may consequently undermine proper enjoyment of the Service for other Users.

The User will be the sole and exclusive responsible for their own Policy, both to the Company and to each Client. The User undertakes to provide in their Policy, as an essential element, the modalities of exercising the Termination by their Clients. The Policy will bind the User who is the holder thereof, only the Clients who - through the App - will have regularly accepted it in the manner of point and click.

Should violations of the prohibitions and restrictions contained in the Contract be deemed present, the Company reserves the right to take legal action aimed at protecting its rights, including the request for compensation for any damages.

10. Communications to Users

The Company may send technical communications regarding its Services both through the Site and via email or through the App. Each User is responsible for failing to view and carefully read the communications thus notified to them by the Company.

11. Intellectual Property and license to use the Service

• The User acknowledges that the Company holds all intellectual property rights regarding the structure of the Site (by way of example, its design, layout) and its software base (by way of example its source code and all its updates), as well as the trademarks, texts, images, audio, and graphics present on the Site and the Platform.

• The Company grants, with the acceptance of the Contract, to each User a strictly limited personal license to use the software pertaining to the digital Platform solely for the enjoyment of the Services. No other use of the software nor of any part thereof is permitted by each User.

• The User may not use (i.e., modify, extract, republish, or commercially exploit in any way), nor copy, or make any other use of either the software or the relevant source code, nor of the images and/or photographs, texts, or graphics of the Platform, except for purposes other than the mere and exclusive enjoyment of the Services regularly purchased and paid for to the Company.

• Any use other than that just specified - mere enjoyment of the purchased Services - is thus expressly prohibited. The violation of the aforementioned conditions constitutes a breach not only of this Contract but also of the Law (where applicable) both regarding copyright law - L. 631/1941 and subsequent amendments - and regarding industrial law (according to the Industrial Property Code). In some cases, violations of industrial property norms may incur criminal responsibility (and thus constitute a prosecutable offense under the provisions of the Italian Penal Code) as well as civil.

• In any case, the violation of the above conditions and copyright or industrial titles of PLANNEST imposes on the violator the obligation to compensate damages in favor of PLANNEST.

• Software updates will be aimed at improving existing Services and/or adding new functionalities. The User is informed and accepts to receive changes and/or automatic updates of the software and applications regarding the digital Platform, as integral parts of the terms and conditions of use of the Services, to the email declared during Registration.

12. Modifications

The Contract may be modified and/or supplemented by the Company at any time and in any part thereof; the modification of the contract will be communicated to Users through one of the following methods: via a specific notice published on the homepage of the Site and via a notification email.
The User undertakes to view, every time they access the Site, the Contract published and to comply with it, accepting through the use of the Service all modifications and supplements that may be made to the Contract.
The use of the Service after modifications of our terms and conditions of use also constitutes implicit acceptance of the modified conditions.
By express agreement, the versions of the Contract updated and published on the Site from time to time replace the previous ones. The User will have no claims concerning any subsequent changes to the Contract and waives any claims in this regard.

13. Termination

The Company reserves the right to discontinue the provision by disabling and/or deleting the User's Account who, culpably or willfully, violates laws and/or the provisions of the Contract. This may happen whether the behavior contrary to the rules actually causes damage to third parties and/or damage to the Company, or if the irregular behavior is only potentially capable of creating harm and/or risks for the Company and for Users. Without prejudice to the above, the Company's right to take action against the User for damages that may arise from their actions in violation of the law and/or the Contract remains intact.

14. Contract

The User declares to be aware and accept, without any reservation, that this document constitutes the Contract that governs the relationship between the User and the Company. The Contract, and any of its subsequent modifications to this version, prevail over any prior agreement.
The Contract may be unilaterally modified by the Company.
All rights and obligations relating to the Contract may be subject to transfer by the Company in the event of a merger, acquisition, or sale of assets or through other transactions.

15. Disclaimer of Liability

In the event that irregular and/or illegal conduct on the part of the User results in actions (civil and/or criminal and/or administrative, whether judicial or extrajudicial) from third parties directly aimed at the Company, the User shall indemnify and hold the Company harmless from any and all damages, losses, and/or expenses (including legal fees and costs) connected or arising from the aforementioned actions.
The Company cannot guarantee that the Site will always be secure or free from errors or that it will always operate without interruptions, delays, or imperfections, and the User accepts such possibility and risk.

The sole obligation of the Company arising from the application of the Contract consists in providing online access to the User, to the digital Platform and thus the use of the software license underlying it for the enjoyment of the only Services selected and regularly paid for to the Company. PLANNEST S.r.l. therefore does not guarantee that - by way of example - the use of the Platform and thus the software will produce a useful result for the User who has purchased them. Such a useful result is necessarily conditioned by factors, personal or otherwise, relating to the individual User. The User must be aware that they are solely and fully responsible for their conduct and for each result arising therefrom.
The Company assumes no responsibility for any errors, omissions, interruptions, deletions, defects, delays in the operation of the Site and/or the Services, anomalies on the line, theft, destruction, unauthorized access, or alteration of communications from Users or Registered Users, identity theft, and any other illegal conduct, carried out by Users or third parties, either online or in any other situation, unless this is proven by the User as an unequivocal direct consequence of a precise breach by the Company.
The Company is not responsible for problems or technical failures concerning networks or telephone lines, online computer systems, servers, computer equipment, software, non-functioning of email or audio/video playback programs caused by technical problems or Internet traffic congestion or the Services offered.
The Company is not responsible for the actions, Contents, or Data of third parties, therefore, all staff, managers, agents, and employees are released from any claims or damages, known or unknown, arising from their use, and are not in any way connected with any complaints directed against the above-mentioned third parties. The Company cannot be held responsible for lost profits or other consequential, special, indirect, or incidental damages arising from or in connection with this declaration, even when it has been warned of the possibility of such damages occurring as a result of the use of the Services, for any reason.

16. Applicable Law, exclusively competent court, and complaints

For all disputes that may arise between the Company and the User, only Italian law will apply. The User declares, without any reservation, to accept that the court territorially competent to which all possible disputes must be referred is the exclusive Court of Florence.

For any communications, including reports, complaints, and/or claims, the User may contact the Company by sending an email to the following address: supporto@plannest.it.